Chương V Nghị định 158/2016/NĐ-CP: Thủ tục cấp phép hoạt động khoáng sản, phê duyệt trữ lượng khoáng sản và đóng cửa mỏ khoáng sản

Chapter V

PROCEDURES FOR ISSUANCE OF MINERAL OPERATION LICENSES, APPROVAL FOR MINERAL RESERVES AND MINE CLOSURE

Section 1. RECEIVING AUTHORITY, FORM OF RECEIVING AND GIVING PROCESSING RESULTS

Article 47. Receiving authorities of applications for mineral operation licenses, applications for approval for mineral reserves, applications for mine closure

Receiving authorities of applications for mineral operation licenses, applications for approval for mineral reserves, applications for mine closure:

1. The General Department of Geology and Minerals is the receiving authority of applications for mineral operation licenses, applications for mine closure under competence of licensing of the Ministry of Natural Resources and Environment.

2. The Office of National Council for Evaluation of Mineral Reserves is the receiving authority of applications for approving and certifying the mineral reserves in the exploration findings under the competence of licensing of the Ministry of Natural Resources and Environment.

3. The Department of Natural Resources and Environment is the receiving authority of applications for mineral operation licenses, application for registration of mining areas and quantity in terms of mineral as general building materials in construction areas of projects, including application for registration of quantity of sand and gravels recovered from project of dredging, widening of canals; applications for approving and certifying mineral reserves in exploration findings; applications for mine closure within the competence of licensing of the People's Committee of province.

Article 48. Form of receiving and returning the result of applications for mineral operation licenses, applications for approval for mineral reserves, application for mine closure

1. An application for mineral operation license or an application for mine closure shall be directly submitted or sent by post to the receiving authority as prescribed in clause 1 and clause 3, Article 47 of this Decree or via online public services.

An application for approval for mineral reserves shall directly submitted to the receiving authority as prescribed in clause 2 and clause 3, Article 47 of this Decree.

2. The processing time prescribed in clause 2, Article 48, clause 2, Article 50, clause 2, Article 60 and clause 2, Article 71 of the Law on mineral shall begin from the date on which the receiving authority provides a receipt note.

3. The processing results shall be given as follows:

a) The processing results related to an application for mineral operation license, including an application for registration of mining areas and quantity in terms of mineral as general building materials in construction areas of projects, application for registration of quantity of sand and gravels recovered from project of dredging, widening of canals shall be directly given at the premises of the receiving authority;

b) The processing results related to an application for approving and certifying mineral reserves in exploration findings; an application for mine closure shall be directly given at the premises of the receiving authority or by post.

Section 2. FORMS OF DOCUMENTS IN APPLICATIONS

Article 49. Application for issuance, renewal, returning of license, returning of one part of mineral exploration area, transfer of mineral exploration right

1. The documents in the application for mineral exploration license as prescribed in clause 1 Article 47 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for mineral exploration license; the map of mineral exploration area; project of mineral exploration;

b) Certified true copy or the copy enclosed with original for collation of: business registration certificate or certificate of enterprise registration; decision on establishing representative office, branch in Vietnam in case of foreign enterprises; plan for environment protection approved by the competent authority in case of toxic mineral exploration; document certifying auction winning in case of auctioning the mineral exploitation right in the area where the mineral exploration have not yet carried out; documents establishing owner’s equity as prescribed at Article 9 hereof.

In case of an application for exploration of radioactive ores, an evaluation of safety issued by the Department of radiation and nuclear safety affiliated to the Ministry of Science and Technology is also required.

2. Documents in the application for the renewal of mineral exploration license as prescribed in clause 2 Article 47 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for renewal of mineral exploration license; exploration findings performed to the time of the renewal application and the plan for the next mineral exploration; the map of mineral exploration area (after returning 30% of exploration area earlier);

b) The original, certified true copy or the copy enclosed with original for collation of: the documents of the obligation fulfillment relating to the exploration activities by the time of the application for the renewal of mineral exploration license.

3. Documents in the application for returning the mineral exploration license or returning one part of mineral exploration area as prescribed in clause 3, Article 47 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for returning the mineral exploration license or returning one part of mineral exploration area; the mineral exploration license; exploration findings performed by the time of returning proposal; the map of mineral exploration area, the plan for the next mineral exploration in case of returning one part of the exploration area;

b) The original, certified true copy or the copy enclosed with original for collation of: the documents of the obligation performance relating to the exploration activities by the time of the returning proposal.

4. The document in the application for transferring the mineral exploration right as prescribed in clause 4, Article 47 of the Law on mineral is made in c in the form as follows:

a) The original: Application form for transferring the mineral exploration right, contract for transferring the mineral exploration right; exploration findings by the time of the proposal for the transfer of the mineral exploration right;

b) The original, certified true copy or the copy enclosed with original for collation of business registration certificate or enterprise registration certificate of the transferee of mineral exploration right; documents establishing the obligation fulfillment of transferor as prescribed in Points b, c, d and e Clause 2 Article 42; Clause 3 Article 43 of the Law on Mineral;

Article 50. Application for approval of the mineral reserves

Documents in an application for approval of the mineral reserves as prescribed in clause 1 Article 50 of the Law on mineral is made in 01 set in the form as follows:

1. The original: Application form for approval of mineral reserves; exploration findings or exploration findings for upgrade of mineral reserve category, the appendices, drawing and the concerned original documents; appendix of interpreting the temporary target of mineral reserves calculation; the acceptance certificate of volume and quality of the mineral exploration works already built; report on supervision of mineral exploration project.

2. The original, certified true copy or the copy enclosed with original for collation of: Evaluated mineral exploration project and mineral exploration license; mining license in case of further exploration for upgrade of reserve category in the licensed mining area.

3. The data of the document as prescribed in clause 1 of this Article is recorded in CD (01 set).

Article 51. Application for issuance, renewal or returning of mining licenses, returning of part of the mining area, or transfer of the mining right

1. Documents in an application for mining licenses prescribed in clause 1, Article 59 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for granting the mining license; map of mining area; project of mining investment attached to the approval decision;

b) The certified true copy or the copy enclosed with original for collation of: business registration certificate or enterprise registration certificate; decision on the mineral reserves approval of the competent authority; document certifying auction winning in case of auctioning the mining right in the area where exploration results are given; report on environmental impact assessment attached to the decision on approval of the competent authority; decision on investment policies (for domestic investors), investment registration or certificate of investment registration (for enterprises involving foreign elements); document establishing the equity capital as prescribed at Article 9 hereof.

In case of an application for mining of radioactive ores, an evaluation of safety issued by the Department of radiation and nuclear safety affiliated to the Ministry of Science and Technology is also required.

2. Documents in an application for the renewal of mining license as prescribed in clause 2 Article 59 of the Law on mineral is made in 01 set in the form as follows:

a) The original: Application form for the renewal of mining license; the map of the mining status at the point of time of the renewal; report of mining performance by the time of the renewal application;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Law on mineral by the time of the renewal proposal.

3. Documents in an application for returning the mining license or one part of surface of the mining area as prescribed in clause 3 Article 59 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for returning the mining license or one part of the mining area; the map of the mining status at the point of time of the returning proposal; the mining license, report of mining result by the time of returning proposal; the project of closing the mine or project of closing a part of mining areas, in case of returning a part of mining areas;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Law on mineral by the time of returning application.

4. Documents of an application for the mining right transfer as prescribed in clause 4, Article 59 of the Law on mineral, including the case that the licensed mining entity transfers its mining right to its affiliate(s) whose 100% of capital is held by such entity is made into 01 set in the form as follows:

a) The original: Application form for transfer of mining right; contract for transfer of mining right attached to the list of value of the transferred property; the map of the mining status at the point of time of transfer proposal; report of mining result to the time of the transfer proposal of the mining right;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 of the Law on mineral by the time of transfer;

c) The certified true copy or the copy enclosed with original for collation of: certificate of business registration or enterprise registration certificate (for the transferee), investment registration or certificate of investment registration (for the transferee being an enterprise involving foreign elements).

Article 52. Applications for issuance, renewal or returning of salvage mining licenses

1. Documents in an application for granting a salvage mining license as prescribed in clause 1, Article 70 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application from for granting the salvage mining license; map of mineral salvage mining area; project of mining investment attached the approval decision;

b) The original, certified true copy or the copy enclosed with original for collation of: report on environmental impact assessment attached to the approval decision or the plan for environment protection together with the confirmation of the competent authority; certificate of business registration.

2. Documents in an application for renewal of salvage mining license as prescribed in clause 2 Article 70 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for renewal of salvage mining license; report on mineral salvage mining result by the time of the renewal application;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete performance of obligations as prescribed at clause 2, Article 69 of the Law on mineral by the time of the renewal application.

3. Documents in an application for returning salvage mining license as prescribed in clause 3, Article 70 of the Law on mineral is made into 01 set in the form as follows:

a) The original: Application form for returning the salvage mining license; salvage mining license; report on mineral salvage mining result by the time returning the license; the project of mine closure;

b) The original, certified true copy or the copy enclosed with original for collation of: The documents demonstrating the complete fulfillment of obligations as prescribed at clause 2, Article 69 of the Law on mineral by the time of the returning application.

Article 53. Application for registration of mining areas, capacity, quantity, methods, equipment and plan related to minerals as building materials in the project construction’s area

1. Composition and forms of documents in an application for registration of mining areas, capacity, methods, equipment and plan related to minerals as building materials in the project construction’s area prescribed in Point a Clause 2 Article 64 of the Law on Mineral include:

a) The original: A registration form of mining area, capacity, quantity, methods, equipment and plan

b) The original, certified true copy or the copy enclosed with original for collation of: Master plan drawings of the project construction’s area and decision on approval for the project issued by the competent authority; report on environmental impact assessment of the project approved by the competent authority.

2. In case of registration of sand volume recovered from the project of dredging and widening of canals, the application includes:

a) The original: An application form for recovery of sand, gravels, attached with drawings of location, scope of the project of dredging and widening of canals; a registration of quantity, plan, methods, and equipment used for recovering sand and gravels;

b) The original, certified true copy or the copy enclosed with original for collation of: Plan and schedule for executing the project of dredging and widening of canals and decision on approval for the project of the competent authority; a report on environmental impact assessment approved by the competent authority; a sand storage lease (if any).

Article 54. Application for mining in areas with construction projects

Composition and forms of documents in an application for mining license in areas with construction project prescribed in Clause 2 Article 65 of the Law on Mineral include:

1. The original: An application form for mining license; a map of mining areas which specifies scope, area of the construction project; a plan for mining in the project’s area enclosed with a plan for environment improvement and remediation approved by the competent authority;

2. The original, certified true copy or the copy enclosed with original for collation of: An enterprise registration certificate, a decision on investment policies regarding the construction project (if any); approval for construction project of competent authority; a master plan map of the construction project’s area approved by the competent authority; an approval for mineral reserves located in the construction project’s area issued by the competent authority (if any); a report on environmental impact assessment or a plan for environment protection of the construction project enclosed with an approval of competent authority.

Article 55. Applications for amendments to mining licenses

1. A mining license shall be amended in the following cases:

a) The mineral reserves determined by further exploration for upgrade of mineral category in the mining area approved by the competent authority exceed the certainty of the equivalent reserves that are approved earlier;

b) Mining capacity is proposed to increase by more than 15% of the mining capacity specified in the mining license;

c) The mining entity changes its name;

d) Mining methods or technology, permitted reserves for mining design specified in the project of mine design are changed.

2. Composition and forms of documents in an application for amendments to mining license include:

a) The original: An application form for amendments to the mining license; the project amended according to new approved reserves or amended capacity, mining methods or technology enclosed with an approval thereof; a report on environment impact/environment protection plan enclosed with an approval thereof; a report on mining performance, fulfilled obligations up to the time of applying for amendments and other approvals for amendments;

b) The original, certified true copy or the copy enclosed with original for collation of: Description and enclosed drawings and an approval for results of further exploration for upgrading reserve category of competent authority; documents in connection with change of name, organizational structure prescribed in Point c Clause 1 hereof.

3. The competent authority which issues a mining license shall also be the competent authority to issue a decision on amendments to such mining license. A decision on amendments to a mining license shall be an integral legal document to such mining license.

Article 56. Application for approving mine closure project

1. Documents of an application for approving mine closure project prescribed in Article 73 of the Law on mineral include:

a) An application form for approving of mine closure project;

b) Mine closure project;

c) The status map of the mineral mine closing area;

d) The documents demonstrating the complete performance of obligations relating to the mining by the time of closing the mineral mine.

2. Documents in an application for approving mine closure project prescribed in clause 1 of this Article is made in 01 set in the form as follows:

a) The original: An application form for approving project of mine closure; project of mine closure; status map of the mine closing area by the time of applying for mine closure; report on implementation of plan for environment improvement and remediation at the time of mine closure;

b) The original, certified true copy or the copy enclosed with original for collation of: a mining license; a plan for environment improvement and remediation and an approval thereof and documents demonstrating the complete performance of obligations as prescribed at points a, b, c, dd, e and g, clause 2, Article 55 by the time of the mine closing application.

Article 57. Form of documents in application for mineral operation licenses, application for approval of the mineral reserves, application for mine closure

1. Documents in an application for mineral operation license; registration of mining area, capacity, quantity, methods, equipment and plan related to mineral as general building materials in the construction project’s area; registration of volume of sand and gravels recovered during the execution process of project of dredging and widening of canals; an application for approving mineral reserves, an application for mine closure; the forms of: A mineral exploration license, a mining license, exploration findings, a certification of registering mining related to mineral as general building materials in the construction project’s area; certification of volume of sand and gravels recovered during the execution process of project of dredging and widening of canals, a certification of mineral reserves; an approval for project of mine closure and a decision on mine closure that is made using single forms nationwide.

2. The Ministry of Natural Resources and Environment promulgates the forms of documents as prescribed in clause 1 of this Article.

Section 3. PROCEDURES

Article 58. Procedures for issuance of mining licenses

1. An application for mining license in an area with no auction of the mining right is received as follows:

a) When receiving an application from the first applicant having need of mineral exploration, the receiving authority will publicly announce the name of such applicant, name of the kind of mineral and location of area suggesting the mineral exploration at its head office and on the website of the licensing competent authority and national bidding network, the Vietnam Public Procurement Review Journal.

The time for receiving and announcing on applications of other applicants is 30 days, from the day on which the application of the first applicant is received;

b) Upon expiry of the time limit prescribed in point a of this clause, the receiving authority does not receive any application and select an applicant to be issued with a mineral exploration license as prescribed in clause 2, Article 25 of this Decree.

The time for selecting applicant to be issued with the mineral exploration license is 05 working days, from the expiry day of notice as prescribed at point a of this clause;

c) Upon expiry of the time limit regulated at the point b of this clause, if an application is selected, the receiving authority shall provide a receipt notice and publicly announces the name of the selected applicant at its head office on the website of the competent authority to grant license.

For the applicants whose applications are not selected, the receiving authority shall notify them of the refusal and provide explanation in writing.

2. An application for mineral exploration of an applicant that wins the auction of the mining right in the area where the mineral has not been explored shall be received as follows:

a) The applicant that win the auction of the mining right submit an application for the mineral exploration to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case the documents meet the conditions in the clause 1, Article 47 of the Law on mineral and the clause 1, Article 49 of this Decree, the receiving authority shall provide a receipt note.

3. In a case where the application for the mineral exploration is not sufficient or it is sufficient but its documents are not consistent with regulations of law, the receiving authority shall provide guidelines in writing for the applicant for the purpose of amending and completing the application. The guidance and request for amendments and completion of application from the receiving authority is made only one time.

4. Verification of application for the mineral exploration

Within 55 days, from the day on which a receipt note is provided, the receiving authority is responsible for completing the following tasks:

a) Checking the coordinates, the area proposed for mineral exploration, including on-site verification;

b) Submitting document to the relevant agencies concerning the area proposed for mineral exploration in case prescribed in clause 3, Article 48 of the Law on mineral.

Within 20 days from the day receiving the request for consultation from the receiving authority, the consulted agency is responsible for replying in writing the concerned problems. After the above-mentioned time limit, no reply from the consulted agency can be deemed acceptance;

c) Verify the project of the mineral exploration before submission for granting the mineral exploration license by the procedure prescribed in the Article 59 of this Decree.

5. The submission for granting the mineral exploration license is made as follows:

a) Within 21 days from the day of completing the tasks as prescribed in clause 4 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the competent authority will decide to grant or not grant the mineral exploration license. If the application is rejected, it must provide explanation in writing.

6. Giving processing results of application for mineral exploration license

Within 07 days from the day of receiving the application from the licensing competent authority, the application receiving organ will notify the organizations and individuals that propose to be granted the mining License in order to receive the result and carry out the relevant obligations as prescribed.

Article 59. Assessment procedure for mineral exploration project

1. The assessment procedure for a mineral exploration project under licensing competence of the Ministry of Natural Resources and Environment is made within the time limit prescribed in Clause 4 Article 58 hereof, in particular:

a) Within 35 days from the day on which the receipt note is provided, the receiving authority will send the project of exploration for consultation with some experts of specialized field. The time for reply from the experts will not exceed 10 working days from the time receiving the request for consultation from the receiving authority;

b) Within 05 working days from the day of receiving the replies from the experts, the receiving authority is responsible for consolidating all replies and enclosing with the application for the mineral exploration to the Chairman of the Council for assessment of the mineral exploration project as prescribed in clause 3 of this Article (hereafter called the Council of assessment);

c) Within 10 days, from the day of receiving the application for the mineral exploration, together with the consultation of the experts prescribed in Point b hereof, the Chairman of the assessment council will decide to convene a meeting of the Council of assessment.

d) Within 05 working days from the closing day of the meeting, the receiving authority must complete the minutes of meeting of the assessment council. In a case where the project needs to be amended or the project must be made again, the receiving authority will send a written notice clearly stating the reason for the disapproval of the project or the contents that need amending the project attached to the minutes of meeting of the assessment council.

The time in which the applicant for exploration license amends or re-makes the project of mineral exploration will not be included in the period of the mineral exploration project assessment.

2. The assessment procedure for a mineral exploration project under licensing competence of the People’s Committee of province is made within the time limit prescribed in Clause 4 Article 58 hereof, in particular:

a) Within 40 days from the day on which the receipt note is provided, the receiving authority will send the project of exploration for consultation with some experts of specialized field and the organization in charge of assessment of mineral exploration project. The time for reply from the experts will not exceed 10 working days from the time receiving the request for consultation from the receiving authority.

In case of complicated mineral exploration project, the receiving authority shall request the People’s Committee of province to establish a technical council for assessment of the project. The time in which the technical council is established and convened shall be included in the time limit for assessment of the mineral exploration project;

b) Within 05 working days from the day receiving the replies of the experts, the receiving authority is responsible for consolidating all consultation and enclosing with the application for the mineral exploration to the People’s Committee of province;

c) Within 10 days from the day of receiving the application for the mineral exploration attached to the consultation of the experts, the People’s Committee of province will consider approving the project of mineral exploration in order to grant license or establish the assessment council in the necessary cases.

In case of amending the project of mineral exploration based on consultation of the People’s Committee of province or of the assessment council, the receiving authority will send written notice clearly stating the reason of disapproval of the project or of the contents that need to amended the project of mineral exploration.

The time in which the applicant for exploration license amends or re-makes the project of mineral exploration will not be included in the period of the mineral exploration project assessment.

3. The Ministry of Natural Resources and Environment stipulates the organization and operation of the council for assessment of the mineral exploration project.

Article 60. Procedures for issuance of mining licenses

1. Applications shall be received as follows:

a) An applicant for a mining license shall submit an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case of documents are satisfied with regulations prescribed in clause 1, Article 59 of the Law on mineral and clause 1, Article 51 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. Verification of application for mining license:

a) Within 25 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for mining and on-site verification;

b) Within 06 days from the day of completing the tasks as prescribed at point a of this clause, the receiving authority will send requests for consultation to the relevant agencies concerning the grant of the mining license in accordance with the regulation at point c, clause 2, Article 60 of the Law on mineral.

Within 20 days from the day on which the request for consultation is received, the consulted agency is responsible for replying in writing the concerned problems. After the above-mentioned time limit, no reply from the consulted agency can be deemed acceptance. The time of consultation shall be not being included in the assessment period;

c) Within 40 days, the receiving authority must complete the verification of the documents and other content relating to the mining and specify the charge for granting the mining right.

3. The submission for application of granting the mining license is made as follows:

a) Within 05 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the competent authority that has the licensing competence will decide on the approval or disapproval of granting the mining License. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for the mining license

Within 07 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed. The above-mentioned time limit shall exclude the period of time in which the mining entity has paid the charge for initial mining right.

Article 61. Procedures for amendments to mining licenses

1. Applications shall be received as follows:

a) The mining entity shall submit an application for amendments to the mining license with the equivalent type of mineral to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case where documents are satisfied with regulations prescribed in clause 2, Article 55 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application is made only one time.

2. Verification of applications for amendments to mining licenses:

a) Within 20 days from the day on which a receipt note is received, the receiving authority is responsible for completing the verification of documents in the application, including on-site verification;

b) In case of any amendment to the mining license due to the change of licensed mineral reserves resulting in adjusting the charge for granting mineral extraction right, the period of time in which such task is completed shall not be included in the processing time.

3. The submission for application for amendments to mining license is made as follows:

a) Within 05 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the licensing competent authority will decide on the approval or disapproval of granting the mining license. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for amendments to mining license

Within 03 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed.

Article 62. Application for registration of mining areas, capacity, methods, equipment and plan related to minerals as building materials in the construction project’s area

1. Applications shall be received as follows:

a) An applicant for registration shall submit an application to receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case where documents are satisfied with regulations prescribed in Article 53 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. The verification of the application is made as follows:

a) Within 10 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for mining and on-site verification;

b) Within 25 days, the receiving authority must complete the verification of the documents and other content relating to the mining and specify the charge for granting the mining right.

3. The submission for application for mining registration is made as follows:

a) Within 05 days, from the date on which the tasks prescribed in Clause 2 hereof are completed, the receiving authority shall complete and submit the application for mining registration to People's Committee of province where the construction project or project of dredging and widening of canals is located;

b) Within 07 days, from the date on which the application is received, the People’s Committee of province shall complete the registration. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for the mining license

Within 05 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed, and notify local government of district or commune for cooperation and supervision. The above-mentioned time limit shall exclude the period of time in which the mining entity has paid the charge for initial mining right.

Article 63. Procedures for applications for mining licenses in areas with construction projects

1. Applications shall be received as follows:

a) An applicant for a mining license shall submit an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case where documents are satisfied with regulations prescribed in Article 54 of this Decree, the receiving authority shall provide a receipt note. In case the application for the mining license has not complete documents as prescribed or has enough but the content of the documents in the application is not consistent with regulations of law, the receiving authority makes guidelines in writing for the applicant to amend and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. The verification of the application is made as follows:

a) Within 10 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for mining and on-site verification;

b) Within 35 days, the receiving authority must complete the verification of the documents and other content relating to the mining and specify the charge for granting the mining right.

3. The submission for application of granting mining license is made as follows:

a) Within 05 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 07 working days from the day of receiving the application from the receiving authority, the competent authority that has the licensing competence will decide on the approval or disapproval of granting the mining License. In case of disapproval, it must provide explanation in writing.

4. Notifying and giving processing results of the application for the mining license

Within 10 days from the day of receiving the application from the licensing competent authority, the receiving authority will notify the applicant for mining license of receiving processing results and fulfill the relevant obligations as prescribed. The above-mentioned time limit shall exclude the period of time in which the mining entity has paid the charge for initial mining right.

Article 64. Procedures for issuance of salvage mining licenses

1. Applications shall be received as follows:

a) Any applicant for salvage mining license shall submit such an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case the documents meet the conditions in the clause 1, Article 70 of the Law on mineral and the clause 1, Article 52 of this Decree, the receiving authority shall provide a receipt note.

In case the application for the mining proposal has not complete documents as prescribed or has enough but the content of the documents in the application is not in accordance with the regulation of the law, the receiving authority makes a guidance in writing for the organizations and individuals for supplementing and completing application. The issuance of guidance document, request of supplement and completion of application from the receiving authority is made only one time. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. Verification of application for salvage mining license:

a) Within 05 days from the day on which a receipt note is provided, the receiving authority is responsible for checking the coordinates, the area that proposed for salvage mining and on-site verification;

b) Within 15 days, the receiving authority must complete the evaluation of the documents and other content relating to the area proposed for mineral salvage mining.

3. The submission for application of granting salvage mining license is made as follows:

a) Within 02 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 05 working days from the day of receiving the application from the receiving authority, the licensing competent authority will decide on the approval or disapproval of granting the salvage mining license. In case of disapproval, there must be a written response clearly stating the reason.

4. Giving processing results of application for salvage mining license:

Within 03 working days from the day on which the application for salvage mining license is received, the receiving authority will notify the applicant for salvage mining license to receive processing result and fulfill the relevant obligations as prescribed.

Article 65. Procedures for renewal, transfer, returning of one part of the area, returning of the mineral exploration license, the mining license; renewal and returning of salvage mining license

1. Applications shall be received as follows:

a) An applicant for renewal, transfer, returning of one part of the area, returning of the mineral exploration license, the mining license; renewal, returning of the salvage mining license shall submit such an application to the receiving authority;

b) Within 05 working days, the receiving authority shall verify the documents in the application. In case of satisfactory application, the receiving authority shall provide a receipt note.

In case the application has not complete documents as prescribed or has enough but the content of the documents in the application is not in accordance with the regulation of the law, the receiving authority makes guidance in writing for the organizations and individuals to supplement and complete the application. The guidance, request of supplement and completion of application from the receiving authority is made only one time.

2. The evaluation of the application is made as follows:

a) Within 05 working days, from the day on which the receipt note is provided, the receiving authority is responsible for checking the coordinates, the area proposed for the renewal, transfer, returning of one part of the area, returning of the mineral exploration license, the mining license; within 03 days for the case of renewal; returning of the salvage mining license including on-site verification;

b) Within 30 working days, the receiving authority must complete the verification of the documents and other content relating to the renewal, transfer, returning of one part of the area, returning the mineral exploration license, returning the mining license; within 05 working days for the case of renewal; returning of the salvage mining license.

3. Submitting the application to the licensing competent authority:

a) Within 02 days from the day of completing the tasks as prescribed in clause 2 of this Article, the receiving authority is responsible for completing and submitting the application for the exploration license to the competent authority to grant the license;

b) Within 5 working days from the day on which the application is received, the licensing competent authority will decide on the approval or disapproval of the renewal, transfer, returning of one part of the area, returning the mineral exploration license, returning the mining license; within 03 working days for the case of renewal, returning of the salvage mining license. In case of disapproval, there must be a response in writing clearly stating the reason.

4. Giving processing results of application

Within 3 working days from the day on which the application is received, the receiving authority will notify the applicant for the renewal, transfer, returning of one part of the area, returning of the mineral exploration license, returning of the mining license; within 02 working days for the case of renewal, returning of the salvage mining license.

Article 66. Procedures for approval of the mineral reserves

1. Applications shall be received as follows:

a) The applicant that win the auction of the mining right submit an application for approval of mineral reserves to the receiving authority;

b) Within 05 working days, the receiving authority is responsible for verifying the application. In case the documents meet the conditions in the clause 1, Article 50 of the Law on mineral and article 50 of this Decree, the receiving authority will notify the applicant for approval of mineral reserves to make the charge payment for verification of the mineral reserves as prescribed. The receiving authority shall provide a receipt note after the applicant has paid the charge for verification and approval of the mineral reserves.

In case the application has not complete documents as prescribed or has enough but the content of the documents in the application is not in accordance with the regulation of the law, the receiving authority makes guidance in writing for the applicant to amend and complete the application. The guidance and request for amendments and completion of application from the receiving authority is made only one time.

2. The verification of the report of the mineral reserves is made as follows:

a) Within 30 days, from the day on which the receipt note is provided, the receiving authority is responsible for checking all applications, documents and reports; on-site verification at the mineral exploration area, sample of drill core, ditch, well in necessary cases;

b) Within 60 days from the day of completing work specified at point a of this clause, the receiving authority will send the report of exploration result to the experts of specialized fields for consultation on the relevant content in the report of mineral exploration. The time for reply from the experts will not exceed 20 days from the time receiving the request for consultation from the receiving authority;

c) Within 30 days from the day of completing work specified at point b of this clause, the receiving authority is responsible for consolidating the experts’ consultation and preparing application and documents to present the National Council for Evaluation of Mineral Reserves or the provincial People’s Committee for consideration.

In case the report does not meet requirement to submit to the National Council for Evaluation of Mineral Reserves or the People’s Committee of province, the receiving authority will give written notice clearly stating the reason for the applicant for approval of the mineral reserves to amend the report attached to the written comment opinion from the experts.

The time for the applicant to amend the report of mineral reserves is not included in the time of report evaluation.

3. The evaluation of the report of mineral exploration result and approval of the mineral reserves in the exploration report is made as follows:

a) Within 30 days from the day of completing the work content as prescribed at the point c, clause 2 of this Article, the Chairman of the National Council for Evaluation of Mineral Reserves will convene the council meeting; the People’s Committee of province will decide to establish the technical consulting council or not as prescribed in clause 3, Article 34 of this Decree.

b) Within 10 working days after the end of the meeting of the National Council for Evaluation of Mineral Reserves, the technical consulting council, the receiving authority must complete the minutes of the Council meeting. In case of amending the exploration findings based on the opinion of the National Council for Evaluation of Mineral Reserves, the technical consulting council, the People’s Committee of province, the receiving authority will send written notice clearly stating the content that needs amending enclosed with the minutes of the council meeting.

The time for applicant for approval of additional reserves, amending the exploration findings is not included in the time for report evaluation.

c) Within 15 days, from the day receiving the exploration findings that are supplemented and perfected of the organizations and individuals proposing the approval of the reserves, the receiving authority will submit to the competent authority to approve the reserves as prescribed in clause 1, Article 49 of Law on mineral.

d) Within 5 working days, from the day of receiving application for approval of the mineral reserves from the receiving authority, the competent authority that approves the mineral reserves promulgates the decision on the approval of the mineral reserves in the exploration findings.

4. Giving processing results of the mineral reserves approval

Within 5 working days from the day of receiving the application from the competent authority to approve the mineral reserves, the receiving authority will notify the applicant for approval of reserves receive the result and fulfill the other relevant obligations.

Article 67. Responsibility of the People’s Committee of province in the cooperation in evaluation for mineral operation licenses

1. With regard to areas banned from mineral operation, or areas temporarily banned from mineral operation which are not approved as prescribed, the Ministry of Natural Resources and Environment shall send a request for consultation to the People’s Committee of province where the minerals exist in terms of the area estimated for issuance of the mineral operation license relating or not relating to the areas banned from mineral operation, the areas banned temporarily from mineral operation.

2. Within 30 days from the day on which the request for consultation is received as prescribed in clause 1 of this Article, the People's Committee of province will respond in writing to the Ministry of Natural Resources and Environment.